Actualización de la peticiónJustice for Rhinos Hangs in the Balance – Help Save Skukuza Regional Court from ClosureSkukuza Regional Court Update.
Elise SerfonteinSudáfrica
25 feb 2020

To all who have supported this petition, here is an update on what transpired in the Nelspruit High Court yesterday.

The Judge President of Mpumalanga had enrolled a special review application in the High Court to be adjudicated by the Full Bench of the Mpumalanga High Court on 24 February 2020. This application was basically to determine whether the Regional Court President was entitled to close the Skukuza Regional Court and whether the Court is legally proclamated or not.

The short version: no decision from the Nelspruit High Court yet.

The summarized version of quite a complex day:

Presiding over this matter are three High Court Judges.

Parties present:
National Directorate of Public Prosecutions.
Justice Ministry.
SANParks.
Dept of Environment, Forestry and Fisheries
Defence for the poacher's attorney's, who also spoke on behalf of the Regional Court President Naomi Engelbrecht. Somewhat unbelievable and yes you read right.
Legal Aid.

In the Nelspruit High Court today the main issues being addressed were:
1) Is Skukuza a place of sitting for the Regional Court? Naomi Engelbrecht as well as the representation for the poachers lawyers say it is not. Everyone else present agrees that it is, including the Justice Ministry for whom Engelbrecht works.

2) If the Regional Court President, Naomi Engelbrecht, had the right to decide if the Regional Court went back to Skukuza or not.
It was discussed that, irrespective of the issue of who is wrong or right about the jurisdiction of the court, Engelbrecht openly defied the instruction from her superior, Mpumalanga Judge President Legodi, that the cases be transferred back to Skukuza.

3) If Engelbrecht can be considered conflicted when, having openly said that the cases would never return to Skukuza, went to Mhala and herself gave the judgement when the DPP's applied to move the cases back to Skukuza. It goes without saying that Engelbrecht refused the DPP's application and cases remain in Mhala.

Where we stand now:
After a lengthy debate on the promulgation of the court and reference to various Governement Gazettes, the Justice Minisrty must, by 28th February issue relevant Government Gazettes to all parties detailing which are current and which have been replaced.

Additional arguments must be submitted by 6th March.

The panel of judges will review all arguments for decision and there will in all likelihood be no need for further sittings.

Although very improbable given the positions put forward today, if it is found that the court was never legally proclaimed, then all the judgements filed there are nullified and void. This would suit the poacher's lawyers down to the ground of course, a terrifying thought indeed, but the big question that remains unanswered are these: Why has Regional Court President been trying to close the court since 2017? Why has she repeatedly defied instructions from her superior? Why has she gone to these lengths to impose her personal will on the court?
And of course, will there be consequences for her actions in all of the above?

Our petition.
We wish to extend our deepest gratitude to Advocate Coert Jordaan for recognizing the voice of the larger community and entering the petition into evidence in support of the court.

To all of you who signed and shared.
Who would have thought, over 120 000 signatures and still counting. By Sunday morning we needed 1 000 signatures to hit the 120 000 mark, and by the time we finished printing last night we were nearly 1 000 over this. The response from all of you has been amazing, with a special mention of thanks to the conservation community that activated their networks last night and tipped the scales. A huge shout also out goes to our friends and partners International Rhino Foundation for their significant support in promoting the petition and a very noticeable climb in signatures!

Holding a document containing over 120 000 signatures printed back to back and minimised to "ant-size" over 1 000 pages is quite a humbling experience. Much more so though, is knowing how much your support means to those who have to face going to court in Mhala. The following message says it all.
"You did it! Means the world to all of us. Not just for the rhino, but for the ones nearest and dearest to us who this affects directly. No matter what happens tomorrow, your petition has brought so many people together."

Our petition will continue to run until Skukuza Regional Court is back where it belongs, in Skukuza.

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